What is a lis pendens?

A lis pendens is a type of legal document used in California property law. It serves as a public notification that a lawsuit related to a specific property has been filed with a court. The lis pendens is often filed when the lawsuit involves the title to the property, or when the suit is to determine who owns the property. The lis pendens acts to put potential buyers or lenders on notice that a legal dispute involving the title or interest of the property is in progress. Any potential buyer or lender must be aware of the lawsuit before they can proceed with a purchase or loan. If the potential buyer or lender ignores the lis pendens and enters into a contract to purchase or finance the property, the contract could be voided if the court rules in favor of the plaintiff. The lis pendens also has the effect of preventing the property from being sold or mortgaged until the lawsuit is resolved. Otherwise, the court could be presented with multiple claims of ownership or interest, which would make the court’s decision more difficult. When a case is resolved, the lis pendens is either discharged or vacated. If the lis pendens is not discharged or vacated, the owner has the right to petition the court to have the notice removed from public record.

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What is a lis pendens?

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